A. Upon the filing of a petition alleging that the petitioner
is or has been, within a reasonable period of time, subjected to family abuse,
the court may issue a preliminary protective order against an allegedly abusing
person in order to protect the health and safety of the petitioner or any
family or household member of the petitioner. The order may be issued in an ex
parte proceeding upon good cause shown when the petition is supported by an
affidavit or sworn testimony before the judge or intake officer. Immediate and present
danger of family abuse or evidence sufficient to establish probable cause that
family abuse has recently occurred shall constitute good cause. Evidence that
the petitioner has been subjected to family abuse within a reasonable time and
evidence of immediate and present danger of family abuse may be established by
a showing that (i) the allegedly abusing person is incarcerated and is to be
released from incarceration within 30 days following the petition or has been
released from incarceration within 30 days prior to the petition, (ii) the
crime for which the allegedly abusing person was convicted and incarcerated
involved family abuse against the petitioner, and (iii) the allegedly abusing
person has made threatening contact with the petitioner while he was
incarcerated, exhibiting a renewed threat to the petitioner of family abuse.

A preliminary protective order may include any one or more of
the following conditions to be imposed on the allegedly abusing person:

1. Prohibiting acts of family abuse or criminal offenses that
result in injury to person or property.

2. Prohibiting such contacts by the respondent with the
petitioner or family or household members of the petitioner as the court deems
necessary for the health or safety of such persons.

3. Granting the petitioner possession of the premises occupied
by the parties to the exclusion of the allegedly abusing person; however, no
such grant of possession shall affect title to any real or personal property.

4. Enjoining the respondent from terminating any necessary
utility service to a premises that the petitioner has been granted possession
of pursuant to subdivision 3 or, where appropriate, ordering the respondent to
restore utility services to such premises.

5. Granting the petitioner and, where appropriate, any
other family or household member of the petitioner, exclusive use and
possession of a cellular telephone number or electronic device. The court may
enjoin the respondent from terminating a cellular telephone number or
electronic device before the expiration of the contract term with a third-party
provider. The court may enjoin the respondent from using a cellular telephone
or other electronic device to locate the petitioner.

6. Granting the petitioner temporary possession or use
of a motor vehicle owned by the petitioner alone or jointly owned by the
parties to the exclusion of the allegedly abusing person; however, no such
grant of possession or use shall affect title to the vehicle.

6. 7. Requiring that the allegedly abusing
person provide suitable alternative housing for the petitioner and any other
family or household member and, where appropriate, requiring the respondent to
pay deposits to connect or restore necessary utility services in the
alternative housing provided.

7. 8. Granting the petitioner the possession of
any companion animal as defined in § 3.2-6500 if such petitioner meets the
definition of owner in § 3.2-6500.

8. 9. Any other relief necessary for the
protection of the petitioner and family or household members of the petitioner.

B. The court shall forthwith, but in all cases no later than
the end of the business day on which the order was issued, enter and transfer
electronically to the Virginia Criminal Information Network the respondent's
identifying information and the name, date of birth, sex, and race of each
protected person provided to the court. A copy of a preliminary protective
order containing any such identifying information shall be forwarded forthwith
to the primary law-enforcement agency responsible for service and entry of
protective orders. Upon receipt of the order by the primary law-enforcement
agency, the agency shall forthwith verify and enter any modification as
necessary to the identifying information and other appropriate information
required by the Department of State Police into the Virginia Criminal
Information Network established and maintained by the Department pursuant to
Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith
on the allegedly abusing person in person as provided in § 16.1-264 and due
return made to the court. However, if the order is issued by the circuit court,
the clerk of the circuit court shall forthwith forward an attested copy of the
order containing the respondent's identifying information and the name, date of
birth, sex, and race of each protected person provided to the court to the
primary law-enforcement agency providing service and entry of protective orders
and upon receipt of the order, the primary law-enforcement agency shall enter
the name of the person subject to the order and other appropriate information
required by the Department of State Police into the Virginia Criminal
Information Network established and maintained by the Department pursuant to
Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith
on the allegedly abusing person in person as provided in § 16.1-264. Upon
service, the agency making service shall enter the date and time of service and
other appropriate information required by the Department of State Police into
the Virginia Criminal Information Network and make due return to the court. The
preliminary order shall specify a date for the full hearing. The hearing shall
be held within 15 days of the issuance of the preliminary order. If the
respondent fails to appear at this hearing because the respondent was not
personally served, or if personally served was incarcerated and not transported
to the hearing, the court may extend the protective order for a period not to
exceed six months. The extended protective order shall be served forthwith on
the respondent. However, upon motion of the respondent and for good cause
shown, the court may continue the hearing. The preliminary order shall remain
in effect until the hearing. Upon request after the order is issued, the clerk
shall provide the petitioner with a copy of the order and information regarding
the date and time of service. The order shall further specify that either party
may at any time file a motion with the court requesting a hearing to dissolve or
modify the order. The hearing on the motion shall be given precedence on the
docket of the court.

Upon receipt of the return of service or other proof of
service pursuant to subsection C of § 16.1-264, the clerk shall forthwith
forward an attested copy of the preliminary protective order to the primary
law-enforcement agency, and the agency shall forthwith verify and enter any
modification as necessary into the Virginia Criminal Information Network as
described above. If the order is later dissolved or modified, a copy of the
dissolution or modification order shall also be attested, forwarded forthwith
to the primary law-enforcement agency responsible for service and entry of
protective orders, and upon receipt of the order by the primary law-enforcement
agency, the agency shall forthwith verify and enter any modification as
necessary to the identifying information and other appropriate information
required by the Department of State Police into the Virginia Criminal
Information Network as described above and the order shall be served forthwith
and due return made to the court.

C. The preliminary order is effective upon personal service on
the allegedly abusing person. Except as otherwise provided in § 16.1-253.2, a
violation of the order shall constitute contempt of court.

D. At a full hearing on the petition, the court may issue a
protective order pursuant to § 16.1-279.1 if the court finds that the
petitioner has proven the allegation of family abuse by a preponderance of the
evidence.

E. Neither a law-enforcement agency, the attorney for the
Commonwealth, a court nor the clerk's office, nor any employee of them, may
disclose, except among themselves, the residential address, telephone number,
or place of employment of the person protected by the order or that of the
family of such person, except to the extent that disclosure is (i) required by
law or the Rules of the Supreme Court, (ii) necessary for law-enforcement
purposes, or (iii) permitted by the court for good cause.

F. As used in this section, "copy" includes a
facsimile copy.

G. No fee shall be charged for filing or serving any petition
or order pursuant to this section.

A. In cases of family abuse, including any case involving an incarcerated
or recently incarcerated respondent against whom a preliminary protective order
has been issued pursuant to § 16.1-253.1, the court may issue a protective
order to protect the health and safety of the petitioner and family or
household members of the petitioner. A protective order issued under this
section may include any one or more of the following conditions to be imposed
on the respondent:

1. Prohibiting acts of family abuse or criminal offenses that
result in injury to person or property;

2. Prohibiting such contacts by the respondent with the
petitioner or family or household members of the petitioner as the court deems
necessary for the health or safety of such persons;

3. Granting the petitioner possession of the residence
occupied by the parties to the exclusion of the respondent; however, no such
grant of possession shall affect title to any real or personal property;

4. Enjoining the respondent from terminating any necessary
utility service to the residence to which the petitioner was granted possession
pursuant to subdivision 3 or, where appropriate, ordering the respondent to
restore utility services to that residence;

5. Granting the petitioner and, where appropriate, any
other family or household member of the petitioner, exclusive use and
possession of a cellular telephone number or electronic device. The court may
enjoin the respondent from terminating a cellular telephone number or
electronic device before the expiration of the contract term with a third-party
provider. The court may enjoin the respondent from using a cellular telephone
or other electronic device to locate the petitioner;

6. Granting the petitioner temporary possession or use
of a motor vehicle owned by the petitioner alone or jointly owned by the
parties to the exclusion of the respondent and enjoining the respondent from
terminating any insurance, registration, or taxes on the motor vehicle and
directing the respondent to maintain the insurance, registration, and taxes, as
appropriate; however, no such grant of possession or use shall affect title to
the vehicle;

6. 7. Requiring that the respondent provide
suitable alternative housing for the petitioner and, if appropriate, any other
family or household member and where appropriate, requiring the respondent to
pay deposits to connect or restore necessary utility services in the
alternative housing provided;

7. 8. Ordering the respondent to participate in
treatment, counseling or other programs as the court deems appropriate;

8. 9. Granting the petitioner the possession of
any companion animal as defined in § 3.2-6500 if such petitioner meets the
definition of owner in § 3.2-6500; and

9. 10. Any other relief necessary for the
protection of the petitioner and family or household members of the petitioner,
including a provision for temporary custody or visitation of a minor child.

A1. If a protective order is issued pursuant to subsection A,
the court may also issue a temporary child support order for the support of any
children of the petitioner whom the respondent has a legal obligation to
support. Such order shall terminate upon the determination of support pursuant
to § 20-108.1.

B. The protective order may be issued for a specified period
of time up to a maximum of two years. The protective order shall expire at 11:59
p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year
period if no date is specified. Prior to the expiration of the protective
order, a petitioner may file a written motion requesting a hearing to extend
the order. Proceedings to extend a protective order shall be given precedence
on the docket of the court. If the petitioner was a family or household member
of the respondent at the time the initial protective order was issued, the
court may extend the protective order for a period not longer than two years to
protect the health and safety of the petitioner or persons who are family or
household members of the petitioner at the time the request for an extension is
made. The extension of the protective order shall expire at 11:59 p.m. on the
last day specified or at 11:59 p.m. on the last day of the two-year period if
no date is specified. Nothing herein shall limit the number of extensions that
may be requested or issued.

C. A copy of the protective order shall be served on the respondent
and provided to the petitioner as soon as possible. The court, including a
circuit court if the circuit court issued the order, shall forthwith, but in
all cases no later than the end of the business day on which the order was
issued, enter and transfer electronically to the Virginia Criminal Information
Network the respondent's identifying information and the name, date of birth,
sex, and race of each protected person provided to the court and shall
forthwith forward the attested copy of the protective order containing any such
identifying information to the primary law-enforcement agency responsible for
service and entry of protective orders. Upon receipt of the order by the
primary law-enforcement agency, the agency shall forthwith verify and enter any
modification as necessary to the identifying information and other appropriate
information required by the Department of State Police into the Virginia
Criminal Information Network established and maintained by the Department
pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be
served forthwith upon the respondent and due return made to the court. Upon
service, the agency making service shall enter the date and time of service and
other appropriate information required by the Department of State Police into
the Virginia Criminal Information Network and make due return to the court. If
the order is later dissolved or modified, a copy of the dissolution or
modification order shall also be attested, forwarded forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders,
and upon receipt of the order by the primary law-enforcement agency, the agency
shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network as
described above and the order shall be served forthwith and due return made to
the court.

D. Except as otherwise provided in § 16.1-253.2, a violation
of a protective order issued under this section shall constitute contempt of
court.

E. The court may assess costs and attorneys' fees against
either party regardless of whether an order of protection has been issued as a
result of a full hearing.

F. Any judgment, order or decree, whether permanent or
temporary, issued by a court of appropriate jurisdiction in another state, the
United States or any of its territories, possessions or Commonwealths, the
District of Columbia or by any tribal court of appropriate jurisdiction for the
purpose of preventing violent or threatening acts or harassment against or
contact or communication with or physical proximity to another person,
including any of the conditions specified in subsection A, shall be accorded
full faith and credit and enforced in the Commonwealth as if it were an order
of the Commonwealth, provided reasonable notice and opportunity to be heard
were given by the issuing jurisdiction to the person against whom the order is
sought to be enforced sufficient to protect such person's due process rights
and consistent with federal law. A person entitled to protection under such a
foreign order may file the order in any juvenile and domestic relations
district court by filing with the court an attested or exemplified copy of the
order. Upon such a filing, the clerk shall forthwith forward an attested copy
of the order to the primary law-enforcement agency responsible for service and
entry of protective orders which shall, upon receipt, enter the name of the
person subject to the order and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et
seq.) of Title 52. Where practical, the court may transfer information
electronically to the Virginia Criminal Information Network.

Upon inquiry by any law-enforcement agency of the
Commonwealth, the clerk shall make a copy available of any foreign order filed
with that court. A law-enforcement officer may, in the performance of his
duties, rely upon a copy of a foreign protective order or other suitable
evidence which has been provided to him by any source and may also rely upon
the statement of any person protected by the order that the order remains in
effect.

G. Either party may at any time file a written motion with the
court requesting a hearing to dissolve or modify the order. Proceedings to
dissolve or modify a protective order shall be given precedence on the docket
of the court.

H. As used in this section:

"Copy" includes a facsimile copy; and

"Protective order" includes an initial, modified or
extended protective order.

I. Neither a law-enforcement agency, the attorney for the
Commonwealth, a court nor the clerk's office, nor any employee of them, may
disclose, except among themselves, the residential address, telephone number,
or place of employment of the person protected by the order or that of the
family of such person, except to the extent that disclosure is (i) required by
law or the Rules of the Supreme Court, (ii) necessary for law-enforcement
purposes, or (iii) permitted by the court for good cause.

J. No fee shall be charged for filing or serving any petition
or order pursuant to this section.